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Brief of the Week: A question of IQ

The National Law Journal

June 11, 2012

An IQ test score is usually not a life or death matter, but in a pending capital case from Florida it may very well be. The Supreme Court of Florida ruled last October that only people with IQs of 70 or below can be mentally retarded, and that convicted murderer Ted Herring, who got slightly higher scores, must stay on death row. In 2002's Atkins v. Virginia, the Supreme Court banned the execution of retarded people, but left ambiguity about the definition of that condition.

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